What's happening
This bill allows courts to impose additional fines on individuals who fail to pay fines or complete mandated counseling or community service for marijuana possession or underage alcohol offenses.
Why it matters
Increases the financial consequences for non-compliance. By allowing courts to add an extra fine of up to $250 if someone fails to pay their original fine or complete required counseling or community service, the bill raises the stakes for non-payment or non-completion, potentially making these penalties more burdensome for low-income individuals.
Strengthens court enforcement mechanisms. The bill explicitly references criminal procedure and judiciary laws for handling failures to appear in court or pay fines, giving courts clearer authority and tools to pursue those who ignore their obligations.
Expands judicial discretion. Judges are given the option—not the requirement—to impose additional fines, which could lead to uneven application depending on the judge or jurisdiction, impacting consistency in how these cases are handled.
May impact recidivism and administrative workload. Harsher penalties for non-compliance could deter people from ignoring court orders, but could also result in more individuals being caught in cycles of fines and court involvement, increasing administrative costs and potentially clogging the court system.
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Who cares
Headline styles
Extra Fines for Unpaid Penalties
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
1 Multi-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Extra Fines for Unpaid Penalties
In Senate Committee · Codes · Sponsor Michael H. Ranzenhofer
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4327
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
Introduced by M. of A. SCHIMMINGER, MOYA, HEVESI -- Multi-Sponsored by -- M. of A. THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law and the alcoholic beverage control law, in relation to imposing additional fines when a person fails to pay his or her fines or fails to complete counseling or community service when mandated
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 221.05 of the penal law, as added by chapter 360 of the laws of 1977, is amended to read as follows: § 221.05 Unlawful possession of marihuana.
1. A person is guilty of unlawful possession of marihuana when he or she knowingly and unlawfully possesses marihuana.
Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars. However, where the defendant has previously been convicted of an offense defined in this article or article [220] two hundred twenty of this chapter, committed within the three years immediately preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period.
2. In the event a person who has been convicted of unlawful possession of marihuana fails to pay such fine as may be set by the court within one hundred twenty days after the decision of the court, then in addition to such fine, the court may impose an additional fine of not more than two hundred fifty dollars.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06134-01-7
A. 4327 2
3. Notwithstanding any other provision of law to the contrary, section 120.20 of the criminal procedure law shall apply in the event a person who has been charged with a violation of this section fails to appear before the court on the date set by the accusatory instrument; articles four hundred ten and four hundred twenty of the criminal procedure law and article twenty of the judiciary law shall apply in the event a person who has been found to have violated this section fails to pay such fine as may be set by the court within one hundred twenty days after the decision of the court.
§ 2. Subdivision 3 of section 65-c of the alcoholic beverage control law, as amended by chapter 137 of the laws of 2001, is amended to read as follows:
3. (a) Any person who unlawfully possesses an alcoholic beverage with intent to consume may be summoned before and examined by a court having jurisdiction of that charge; provided, however, that nothing contained herein shall authorize, or be construed to authorize, a peace officer as defined in subdivision thirty-three of section 1.20 of the criminal procedure law or a police officer as defined in subdivision thirty-four of section 1.20 of such law to arrest a person who unlawfully possesses an alcoholic beverage with intent to consume. If a determination is made sustaining such charge the court may impose a fine not exceeding fifty dollars and/or completion of an alcohol awareness program established pursuant to section 19.25 of the mental hygiene law and/or an appropriate amount of community service not to exceed thirty hours.
(b) In the event a person who has been determined to have unlawfully possessed an alcoholic beverage with intent to consume fails to pay such fine as may be set by the court, or complete an alcohol awareness program established pursuant to section 19.25 of the mental hygiene law and/or community service as required by the court within one hundred twenty days after the decision of the court, then in addition to such fine, program and/or community service, the court may impose an additional fine of not more than two hundred fifty dollars.
(c) Notwithstanding any other provision of law to the contrary, section 120.20 of the criminal procedure law shall apply in the event a person who has been alleged to have violated this section fails to appear before the court on the date set by the court; articles four hundred ten and four hundred twenty of the criminal procedure law and article twenty of the judiciary law shall apply in the event a person who has been found to have unlawfully possessed an alcoholic beverage with intent to consume in violation of this section fails to pay such fine as may be set by the court, or complete an alcohol awareness program established pursuant to section 19.25 of the mental hygiene law and/or community service as required by the court, within one hundred twenty days after the decision of the court.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.